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HB 5115

Environmental protection: underground storage tanks; underground storage tank corrective action fund; modify. Amends secs. 21502, 21503, 21506a, 21506b, 21510, 21510a, 21510d, 21515, 21516, 21518, 21519, 21519a, 21521, 21524 & 21548 of 1994 PA 451 (MCL 324.21502 et seq.) & repeals sec. 21510c of 1994 PA 451 (MCL 324.21510c).

2025-2026 Regular Session Introduced by David Martin and 2 co-sponsors

House Bill 5115 streamlines cleanup funding for underground storage tank leaks, clarifying claims for owners, operators, and federally recognized tribes, ensuring equitable access.

referred to second reading
#environmentalprotection:undergroundstoragetanks
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Bill Summary · HB 5115

Summary of House Bill 5115

Bill Number: HB 5115
Title: Environmental Protection: Underground Storage Tanks; Underground Storage Tank Corrective Action Fund; Modify
Introduced: October 23, 2025
Status: Recommendation concurred in
Committee: Natural Resources and Tourism

Purpose and Intent

House Bill 5115 aims to amend the Natural Resources and Environmental Protection Act (NREPA) concerning the management and funding of corrective actions for releases from underground storage tanks (USTs). The bill seeks to clarify eligibility requirements for claims related to cleanup costs and to streamline the claims process for owners and operators of USTs.

Key Provisions

The bill includes several significant amendments to existing regulations:

  1. Eligibility for Claims:

    • Claims for cleanup must be based on a "confirmed release" of refined petroleum, which must be reported to the Department of Licensing and Regulatory Affairs (LARA).
    • The owner or operator must report a confirmed release within 24 hours of discovery.
    • The bill modifies eligibility requirements, particularly for federally recognized tribes, ensuring compliance with federal registration and financial responsibility requirements.

  2. Claim Limits and Deductibles:

    • The claim period aggregate limit is set at $2 million for all claims from the same claimant or their affiliates during an approved period.
    • The deductible remains at $2,000 for those with fewer than eight tanks and $10,000 for those with eight or more tanks.

  3. Claims Process:

    • Claims must be filed within 24 months after the confirmed release is reported.
    • The bill allows for additional claims if a subsequent release is discovered at the same location before the closure of a previously approved claim.

  4. Exclusions:

    • Claims will not be approved for releases that were expected or intended by the owner/operator or caused by their noncompliance with regulations.
    • Claims filed more than two years after the confirmed release will be disallowed.

  5. Definitions:

    • The bill introduces definitions for terms such as "confirmed release," "closure," and "claimant," clarifying the roles and responsibilities of involved parties.

Impact

This legislation will primarily affect:
- Owners and Operators of USTs: They will have clearer guidelines on how to report releases and file claims for cleanup funding.
- Federally Recognized Tribes: The bill ensures that tribal entities are included in the eligibility criteria for funding, promoting equitable access to resources for environmental cleanup.
- Environmental Agencies: The amendments will streamline processes for state agencies involved in monitoring and managing UST compliance and cleanup efforts.

Procedural Aspects

  • The bill was introduced on October 23, 2025, and has been reported with a recommendation for referral to the Committee on Rules.
  • The legislative process is ongoing, with further discussions and potential amendments expected as it moves through the legislative framework.

This summary provides an overview of House Bill 5115, highlighting its purpose, key provisions, and potential impacts on stakeholders involved in the management of underground storage tanks in Michigan.

Compiled from official sources — confirm details with the bill’s official record.

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